COVID-19 NOTIFICATION: To protect your safety in response to the threat of COVID-19, our staff is still available to serve you during our normal office hours. We are offering our clients and potential clients the option to connect with us via telephone, email and video-conferencing. Please call or email us to discuss your options.

A family in another state claimed that a doctor was careless regarding the manner in which he pulled a baby out during the delivery process. They claimed that their baby ended up having a paralyzed right arm as a result. The family filed a medical malpractice lawsuit against the doctor and was recently awarded $3 million due to the birth injuries their child suffered. Anyone in West Virginia whose child suffers birth injuries due to a doctor’s negligence has the right to seek justice through the civil court system.

The lawsuit, which was filed back in 2014, alleged that the obstetrician pulled the baby’s neck and head too hard during the birthing process. The doctor pulled on the head and neck area in an effort to dislodge one of the shoulders, which had become stuck. The pulling ended up causing the baby permanent damage to the nerves in the right shoulder area.

According to the suit, the doctor did not tell the baby’s mom that there were particular risks involved in the procedure, including permanent disfigurement. However, in court, the doctor denied that he was medically negligent and claimed that the boy’s shoulder was injured in the natural labor process. The boy is now 9 years old.

Birth injuries can easily occur in West Virginia if doctors fail to exercise a reasonable degree of care during the delivery process. Unfortunately, these types of injuries are often life-changing, thus negatively impacting their quality of life. Those whose children suffer birth injuries may have the right to file a medical malpractice claim against the reportedly at-fault physicians, seeking a monetary judgment for damages. Financial restitution from a lawsuit that is litigated successfully may help to cover health care costs and other losses tied to the documented incident of malpractice.

Source: USA Today, “Lawsuit award: Doctor ordered to pay $3 million in birth injury case“, Margie Fishman, Sept. 28, 2017